What are the consequences of pleading no contest to a charge of theft?

California, United States of America


The following excerpt is from People v. Carvallo, H033914 (Cal. App. 9/14/2009), H033914. (Cal. App. 2009):

Before taking defendant's pleas, the court advised defendant of his privilege against self-incrimination, his right to confront his accusers and his right to trial by jury as required by Boykin v. Alabama (1969) 395 U.S. 238 [89 S.Ct. 1709], and In re Tahl (1969) 1 Cal.3d 122. Defendant freely and voluntarily waived those rights. Defendant was advised that the maximum potential sentence for the charges to which he would be entering pleas was five years and four months; that he would be placed on probation for five years; that if he violated his probation he could be sent to state prison and would be subject to a three-year period of parole when released. The court advised defendant of the possible immigration consequences of his pleas. In addition, the court advised defendant that because he was pleading no contest to a theft offense, if he committed any kind of theft offense in the future, even a petty theft, he could be charged with a felony; that there were other consequences of his pleas, including that he would have to pay a restitution fund fine and other fines and fees. Counsel stipulated that there was a factual basis for the pleas and that the complaint be deemed an information.

Other Questions


How have the courts treated a motion of no contest in a case involving a minor who pleaded no contest to a charge of sexual assault? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
What are the consequences of a no contest plea in a charge of possession of methamphetamine for sale and resisting arrest? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
What is the test for determining whether the charged offense is a natural and probable consequence of the charged offence? (California, United States of America)
Can a prosecutor ask a defendant to plead guilty to a reduced charge of identity theft even against the advice of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.